Appraisal and approval of the Land Use Plan of centrally affiliated cities in Vietnam

Appraisal and approval of the Land Use Plan of centrally affiliated cities in Vietnam
Trọng Tín

The land use plan of the centrally-run city in Vietnam is appraised and approved in accordance with the provisions of Decree 102/2024/ND-CP.

Appraisal  and  Approval  of  Land  Use  Plans  for  Centrally-Managed  Cities

Appraisal and approval of the Land Use Plan of centrally affiliated cities in Vietnam (Internet image)

Appraisal and approval of the Land Use Plan of centrally affiliated cities in Vietnam

According to the Land Law 2024, if a centrally-managed city has an approved general plan according to the regulations on urban planning, it does not need to create a provincial land use plan but relies on the general plan to form a provincial land use plan.

(1) According to Article 19 of Decree 102/2024/ND-CP, the content of the land use plan of centrally-managed cities in cases where provincial land use plans are not required includes:

- Analyzing and evaluating the current land use status and land use changes over the past 5 years, outcomes of the previous land use plan implementation of centrally-managed cities based on land types;

- Analyzing objectives, targets on socio-economic development, national defense, security, environmental protection, infrastructure development during the planning period; based on the approved general plan of centrally-managed cities as per urban planning laws, mid-term public investment plans, the ability to attract investment funds to determine land use targets during the planning period;

- Determining land use targets during the 5-year planning period of centrally-managed cities according to the land types stipulated in Article 9 of the Land Law 2024 and Articles 4, 5, and 6 of Decree 102/2024/ND-CP for each district-level administrative unit;

- Determining the area needed for land use conversion during the planning period for each district-level administrative unit;

- Determining the area of sea encroachment during the planning period for each district-level administrative unit;

- Determining the area of unused land to be put into use during the planning period for each district-level administrative unit;

- Developing thematic maps: rice cultivation land, protective forest land, special-use forest land, production forest land that are natural forests;

- Developing an explanatory report for the land use plan of centrally-managed cities;

- The product set of the 5-year land use plan for centrally-managed cities, including the explanatory report and 5-year land use plan data.

(2) The procedure for appraising and approving the 5-year land use plan of centrally-managed cities

- The land management agency of centrally-managed cities submits to the People's Committee of centrally-managed cities to establish a Council for appraising the 5-year land use plan of centrally-managed cities;

- Within no more than 5 working days from the establishment decision of the Council, the land management agency of centrally-managed cities must send the land use plan dossier to the members of the Council for appraising the land use plan of centrally-managed cities to collect opinions;

- Within no more than 15 days from the receipt of a valid dossier, members of the Council for appraising the land use plan of centrally-managed cities must send their written comments to the land management agency of centrally-managed cities;

- Within no more than 10 days from the end of the comment period, the land management agency of centrally-managed cities must advise the People's Committee of centrally-managed cities to hold a meeting of the Council for appraising the land use plan of centrally-managed cities;

- Within no more than 15 days from receiving the appraisal results notice of the land use plan, the land management agency of centrally-managed cities must finalize the land use plan dossier and report to the People's Committee of centrally-managed cities, which will then submit it to the People's Council of centrally-managed cities for approval before the People's Committee of centrally-managed cities submits it to the Prime Minister of the Government of Vietnam for approval.

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